News & Analysis as of

Standing Retaliation

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Robocalls and Retaliation

This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim. The Court...more

Franczek P.C.

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

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In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more

Jackson Walker

U.S. Supreme Court Affirms First Amendment Protection of Elected Bodies to Censure Members

Jackson Walker on

On March 24, 2022, the United States Supreme Court decided Houston Community College System v. Wilson, holding that an elected official does not possess an actionable First Amendment retaliation claim arising from a purely...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Houston Community College System v. Wilson

On March 24, 2022, the U.S. Supreme Court decided Houston Community College System v. Wilson, No. 20-804, concluding that an elected official does not possess an actionable First Amendment retaliation claim arising purely...more

Carlton Fields

Silence Is Golden, or Is It?

Carlton Fields on

Louis Brandeis famously wrote in Whitney v. California, 274 U.S. 357 (1927), that the remedy for false or harmful speech “is more speech, not enforced silence.” A recent Fifth Circuit case presented a novel question that...more

Seyfarth Shaw LLP

Chipotle’s Employees Denied Class Certification On Employment Discrimination Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

AB 51 Update: Court Continues TRO on California’s Arbitration Statute

Assembly Bill (AB) 51, which attempts to ban certain mandatory arbitration agreements, was scheduled to go into effect on January 1, 2020. However, a coalition of business organizations filed a suit on December 9, 2019...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Reporting: Federal Court Addresses Employee First Amendment/Public Employer Retaliation Claim

A United States District Court (M.D. Fla.) (“Court”) addressed a Motion to Dismiss related to a First Amendment employment retaliation case. See Chustz v. City of Marco Island, 2019 WL 277705. The Court’s January 22nd...more

Holland & Knight LLP

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

Proskauer - Whistleblower Defense

N.D. Illinois Dismisses Illinois Whistleblower Act Claim

The U.S. District Court for the Northern District of Illinois recently granted a Rule 12(b)(1) and (6) motion to dismiss a former employee’s complaint alleging retaliation under the Illinois Whistleblower Act (“IWA”).  Huang...more

Proskauer - Labor Relations Update

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Fisher Phillips

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

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The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Holland & Knight LLP

Religious Institutions Update: October 2016

Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

Burr & Forman

Whistleblower Standing Split in Circuits & TN Federal Courts

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There’s a developing circuit split over whistleblower standing for retaliation claims. A decision this week extended that split to U.S. district courts within Tennessee, too. In Verble v. Morgan Stanley Smith Barney, LLC, No....more

Bradley Arant Boult Cummings LLP

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

Miller & Martin PLLC

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

Miller & Martin PLLC on

Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

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